52656 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2004–TX–0014; FRL–8216– 

2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Rules for the Control of Highly 

Reactive Volatile Organic Compounds 

in the Houston/Galveston/Brazoria 

Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving rules 

adopted by the Texas Commission on 

Environmental Quality (TCEQ) for the 

control of highly reactive Volatile 

Organic Compounds (HRVOCs) in the 

Houston/Galveston/Brazoria (HGB) 

ozone nonattainment area. These rules 

for the control of HRVOCs supplement 

Texas’ existing rules for controlling 

volatile organic compounds (VOC) by 

providing more extensive requirements 

for certain equipment in HRVOC 

service. These additional controls of 

HRVOC emissions will help to attain 

and maintain the national ambient air 

quality standards (NAAQS) for ozone in 

HGB. 

DATES: This rule is effective on October 

6, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2004–TX–0014. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Planning Section (6PD– 

L), Environmental Protection Agency, 

1445 Ross Avenue, Suite 700, Dallas, 

Texas 75202–2733. The file will be 

made available by appointment for 

public inspection in the Region 6 FOIA 

Review Room between the hours of 8:30 

a.m. and 4:30 p.m. weekdays except for 

legal holidays. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below or Mr. Bill 

Deese at 214–665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7242; fax number 214–665– 

7263; e-mail address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean 

the EPA. 

What Action is EPA Taking? 

We are approving portions of 

revisions to the SIP submitted by the 

State of Texas in letters dated January 

23, 2003, November 7, 2003, March 26, 

2004 and December 17, 2004. We are 

approving the portions of these 

revisions that pertain to the control of 

HRVOCs. These rules, which are 

codified at 30 TAC Chapter 115, 

Subchapter H, apply to facilities in the 

HGB ozone nonattainment area. We are 

also approving the associated revisions 

to the definitions section of 30 Texas 

Administrative Code (TAC) 115.10. The 

revisions are approved pursuant to 

section 110 and part D of the Federal 

Clean Air Act (the Act). 

What is the Background for this Action? 

These rules to control HRVOCs were 

adopted by TCEQ based on recent 

findings that certain highly reactive 

chemicals (ethylene, propylene, 1,3 

butadiene and butenes) contribute 

disproportionately to the ozone problem 

in the HGB area. EPA issued a proposed 

approval of these rule revisions on April 

7, 2005 (70 FR 17640). In EPA’s 

proposed approval, we explained the 

rationale for our approval and solicited 

comments for 30 days. 

What Comments Were Received on the 

Proposed Approval? 

Only one comment letter was received 

regarding the proposed approval and it 

was supportive of the proposed action. 

What does Federal approval of a State 

regulation mean to me? 

Enforcement of the State regulation 

before and after it is incorporated into 

the federally approved SIP is primarily 

a state function. However, once the 

regulation is federally approved, the 

EPA and the public may take 

enforcement action against violators of 

these regulations if the state fails to do 

so. In addition, only regulations that 

have been federally approved can be 

credited toward an area’s attainment or 

rate of progress plan. EPA has proposed 

approval of the ozone attainment plan 

for the HGB area. The measures to 

control HRVOCs in this approval are 

part of the control strategy to 

demonstrate attainment of the ozone 

standard. 

What General Requirements do the 

Rules Establish? 

The rules establish improved 

monitoring requirements for flares, 

cooling towers, process vents and 

pressure relief valves. The rules 

establish a 1200 lb/hour site-wide shortterm limit on HRVOCs for sources in 

Harris County. In addition, the 

improved source monitoring provides 

the information necessary for sources to 

demonstrate compliance with an annual 

cap and trade program controlling 

emissions of HRVOCs from cooling 

tower, process vents, pressure relief 

devices and flares contained in 30 TAC 

Chapter 101. EPA proposed approval of 

the HRVOC cap and trade program on 

October 5, 2005 (70 FR 58112). Also, to 

better control fugitive emissions of 

HRVOCs, the rules being approved here 

establish more stringent leak detection 

and repair work practice requirements. 

Why are We Approving these Rules? 

The addition of these rules for the 

control of HRVOCs will supplement 

Texas’ existing rules controlling volatile 

organic compounds (VOC) and provide 

improvements to the Texas SIP’s VOC 

Reasonably Available Control 

Technology (RACT) rules. These 

additional controls of HRVOC emissions 

will help to attain and maintain the 

national ambient air quality standards 

(NAAQS) for ozone in HGB. Today’s 

actions makes the revised regulations 

federally enforceable. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 52657 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045, A 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided they meet the criteria of the 

Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a major rule as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 6, 

2006. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 24, 2006. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

115 (Reg 5), immediately following the 

entry for Section 115.629, by adding a 

new centered heading ‘‘Subchapter H—

Highly-Reactive Volatile Organic 

Compounds’’, followed by new entries 

for Sections 115.720 to 115.789 to read 

as follows. 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject State approval/ 

submittal date EPA approval date Explanation 

* * * * * * * 

Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds 

* * * * * * * 

Section 115.629 .................................. Affected Counties and Compliance 

Schedules.

10/27/04 02/10/05, 70 FR 7043.

Subchapter H—Highly-Reactive Volatile Organic Compounds 

Division 1: Vent Gas Control 

Section 115.720 .................................. Applicability and Definitions ............... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].


sroberts on PROD1PC70 with RULES
52658 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject State approval/ 

submittal date EPA approval date Explanation 

Section 115.722 .................................. Site-wide Cap and Control Requirements.12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.725 .................................. Monitoring and Testing Requirements 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.726 .................................. Recordkeeping and Reporting Requirements.12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.727 .................................. Exemptions ......................................... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.729 .................................. Counties and Compliance Schedules 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Division 2: Cooling Tower Heat Exchange Systems 

Section 115.760 .................................. Applicability and Cooling Tower Heat 

Exchange System Definitions.

12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.761 .................................. Site-wide Cap ..................................... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.764 .................................. Monitoring and Testing Requirements 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.766 .................................. Recordkeeping and Reporting Requirements.12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.767 .................................. Exemptions ......................................... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.769 .................................. Counties and Compliance Schedules 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Division 3: Fugitive Emissions 

Section 115.780 .................................. Applicability ......................................... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.781 .................................. General Monitoring and Inspection 

Requirements.

12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.782 .................................. Procedures and Schedule for Leak 

Repair and Follow-up.

12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.783 .................................. Equipment Standards ......................... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.786 .................................. Recordkeeping Requirements ............ 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.787 .................................. Exemptions ......................................... 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.788 .................................. Audit Provisions .................................. 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

Section 115.789 .................................. Counties and Compliance Schedules 12/01/2004 9/06/2006 [Insert FR 

citation from published date].

* * * * * * * 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 52659 

1 During the comment period, EPA did not 

receive comments regarding environmental justice 

and the HECT program. However, during the 

finalization process we have reevaluated our 

interpretation of the definition of Environmental 

Justice as found in Executive Order 12898. In our 

proposed approval of the HECT program, we stated 

that ‘‘environmental justice concerns arise when a 

trading program could result in disproportionate 

impacts on communities populated by racial 

minorities, people with low incomes, or Tribes.’’

On further review, we believe the following 

description is more consistent with E.O. 12898: 

‘‘Environmental justice concerns can arise when a 

final rule, such as a trading program, could result 

in disproportionate burdens on particular 

communities, including minority or low income 

communities.’’ This revised language does not alter 

our determination that the HECT program does not 

raise environmental justice concerns. 

* * * * * 

[FR Doc. 06–7409 Filed 9–5–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0033; FRL–8216–

6] 

Approval and Promulgation of State 

Implementation Plans; Texas; Highly 

Reactive Volatile Organic Compound 

Emissions Cap and Trade Program for 

the Houston/Galveston/Brazoria Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Texas State Implementation Plan 

concerning the Highly Reactive Volatile 

Organic Compound Emissions Cap and 

Trade Program for the Houston/ 

Galveston/Brazoria ozone 

nonattainment area. 

DATES: This rule is effective on October 

6, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2005–TX–0033. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Permitting Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. The file will 

be made available by appointment for 

public inspection in the Region 6 FOIA 

Review Room between the hours of 8:30 

a.m. and 4:30 p.m. weekdays except for 

legal holidays. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15-cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal related to this SIP 

revision, and which is part of the EPA 

docket, is also available for public 

inspection at the State Air Agency listed 

below during official business hours by 

appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, Air Permitting Section 

(6PD–R), EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

telephone 214–665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Outline 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What are EPA’s responses to comments 

received on the proposed action? 

IV. What does Federal approval of a State 

regulation mean to me? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving the Highly Reactive 

Volatile Organic Compound Emissions 

Cap and Trade (HECT) Economic 

Incentive Program (EIP), published at 

Texas Administrative Code (TAC) Title 

30, Chapter 101 General Air Quality 

Rules, Subchapter H Emissions Banking 

and Trading, Division 6, sections 

101.390–101.394, 101.396, 101.399–

101.401, and 101.403. These revisions 

were adopted by the Texas Commission 

on Environmental Quality (TCEQ) on 

December 01, 2004, and submitted to 

EPA on December 17, 2004, as a 

revision to the State Implementation 

Plan (SIP). As discussed in our 

proposed action at 70 FR 58144, we 

conclude that the HECT program is 

consistent with section 110(l) of the 

Clean Air Act. We proposed approval of 

the HECT program as an element of the 

Texas SIP for the Houston/Galveston/ 

Brazoria (HGB) ozone nonattainment 

area on October 5, 2005 (70 FR 58138). 

II. What is the background for this 

action? 

The HECT program was adopted as a 

state regulation on December 1, 2004. 

The TCEQ developed the program as 

part of its mid-course review of the 1- 

hour ozone attainment plan for the HGB 

ozone nonattainment area. The midcourse review showed that ozone 

reductions comparable to those 

achieved by the 90 percent reduction in 

industrial nitrogen oxide (NOX) 

emissions and the enforceable 

commitments for an additional 42 tons 

per day of NOX reductions required in 

the November 2001 (66 FR 57160) 

approved SIP could be achieved through 

a combination of 80 percent reduction 

in industrial NOX emissions and 

additional targeted control of certain 

highly-reactive volatile organic 

compounds (HRVOCs). TCEQ has 

chosen to revise its attainment strategy 

accordingly, decreasing the emphasis on 

NOX control and requiring additional 

reductions of HRVOCs. 

In our proposed approval of the HECT 

program, we stated that final action on 

the HECT would not occur until we 

published final approval of the 

attainment demonstration, which is 

being processed concurrently with this 

approval. For a further discussion of the 

attainment demonstration and EPA’s 

responses to comments on this action, 

please see our action on the attainment 

demonstration (EPA–R06–OAR–2005–

TX–0018), which is being published 

elsewhere in today’s Federal Register. 

III. What are EPA’s responses to 

comments received on the proposed 

action? 

EPA’s responses to comments 

submitted by Galveston-Houston 

Association for Smog Prevention 

(GHASP), Environmental Defense 

(Texas Office), the Lone Star Chapter of 

the Sierra Club, and Public Citizen 

(Texas Office) on November 4, 2005, are 

as follows. EPA has summarized the 

comments below; the complete 

comments can be found in the 

administrative record for this action 

(EPA–R06–OAR–2005–TX–0033). While 

the comments generally discuss VOC 

trading programs, we are only 

addressing comments specific to 

HRVOCs and the HECT. 1

Comment 1: The EPA uses the term 

‘‘less-reactive VOC’’, but the TCEQ term 

‘‘other VOC’’ (OVOC) is preferable. 

Some of the other VOCs are actually 

highly reactive on a molar basis, but are 

not emitted as widely or in as great a 

quantity as the designated HRVOCs. 

Response to Comment 1: We agree 

that the term ‘‘other VOC’’ (OVOC) will 


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